From stocks to ducking stools: A British history of crime and punishment

THE punishments meted out in historic Britain made breaking the law a risky proposition.

In historic Britain punishments meted out were often painful and horrifying[ALAMY]

With punishments for the guilty ranging from the humiliation of a spell in the stocks to the very real prospect of a horrifyingly painful execution it is hard to imagine why anybody resorted to a life of crime. Many Britons did though and a new book tells the story of how they were caught, tried and punished.

PUT 'EM IN THE CLINK

Before the 19th century criminals were rarely sentenced to prison. They were expensive to build, no one wanted one in their backyard and it seemed a nonsense to waste money on criminals. The purpose of a prison was to hold prisoners until their trials before magistrates or a judge and jury.

Prior to judges, magistrates and juries being introduced by Henry II in the 12th century trial by ordeal was a common method of establishing guilt or innocence.

Trial by fire: This involved walking across hot coals or holding a red-hot piece of metal. After about three days the wounds would be examined by a priest who would decide whether the healing process had advanced sufficiently to show that God had intervened favourably. If not, the suspect would be found guilty.

Trial by water: This took two forms. The first required the suspect to remove a stone from the bottom of a cauldron of boiling water following which a priest would decide whether the injuries were consistent with guilt or innocence. The other form, known as ordeal by cold water, involved the accused being thrown into a river or pond, sometimes bound hand and foot. If he floated he was innocent and if he sank he would drown. Trials of this type ended in 1215 when Pope Innocent III prohibited priests from participating in them.

WHAT TO DO WITH THE CONVICTS

In the absence of prisoners being sent to prison there were a number of other sentences that were handed down:

Fines: Commonly imposed for petty offences including swearing, playing a prohibited musical instrument or playing sport on the sabbath. Tradesmen who sold defective produce could also be fined but humiliation was an alternative punishment. For example, a baker whose loaves were underweight would be paraded around the town with the offending merchandise and forced to wear a placard around his neck describing his offence.

The Stocks: Held by their ankles offenders were sometimes detained in the stocks for hours before their appearances in court. In 1384 two defendants failed to appear for their trials because they had been put in the stocks and forgotten. Their feet froze and they died. The stocks were mainly used as a punishment for petty offences and remained in use until 1872.

The pillory: Similar to the stocks but victims were held by the wrists and neck leaving them in a vulnerable position.

The ducking stool: This was a punishment used for women - commonly for prostitutes and scolds. Mutilation: Included branding, cutting off hands, feet, nose, ears, lips, tongue or the removal of eyes.

Almost 300 offences were subject to capital punishment ranging from theft of goods worth 5s (25p) and impersonating a Chelsea pensioner

THE OLD BAILEY

The Old Bailey is mentioned in records in the reign of Elizabeth I. It was originally called the Middlesex Sessions House and was intended for the trials of those accused of crimes in the City of London and Middlesex. In 1834 it was renamed the Central Criminal Court.

THE ULTIMATE DEATH

Death was the ultimate penalty and by the end of the 18th century almost 300 offences were subject to capital punishment ranging from theft of goods worth 5s (25p) and impersonating a Chelsea pensioner to arson, murder and treason.

When the death sentence was passed there were many ways of carrying it out.

Beheading: The "kindest" form of execution if carried out by a proficient executioner because it was instant.

Hanging: The usual fate of common criminals. It was normally done in public until 1868, the best-known site being Tyburn (London's Marble Arch). Afterwards they were carried out within prisons before witnesses.

Burning at the stake: This was the fate of heretics and women who were convicted of murdering their husbands or counterfeiting money. Boiling: Reserved for those who murdered or attempted to murder a master. This was a special offence known as "petty treason".

Hung, drawn and quartered: A grisly punishment mostly inflicted on captured rebels and other traitors including William Wallace and the conspirators in the Gunpowder Plot. The victim would be dragged on a frame from the prison to the place of execution. There they would be hanged until almost dead before being disembowelled and decapitated and their head shoved on a spike. This punishment was last used in the 1820s on the Cato Street conspirators who had plotted to overthrow the government. Pressing: If a prisoner pleaded not guilty and was found guilty then his possessions passed to the state. If he refused to enter a plea then his family retained his possessions. The cruelty of being pressed to death was therefore designed to ensure a plea from the accused.

THE EXECUTIONERS

Two executioners' names have come down to us from the 17th century. The first is that of Goodman Derrick who designed a structure to hoist several victims simultaneously. His name later applied to the Derrick crane for loading and unloading ships.

The other is the name of Jack Ketch. He was notably incompetent and took four blows to despatch William Russell for his part in the plot to kill Charles II.

GINGERBREAD FOR SALE

At Tyburn execution site the density and excitement of the crowd was such that onlookers were sometimes trampled. Tyburn was also a market and a crime scene since traders like the gingerbread maker Tiddy Doll plied their wares and the crowds attracted a multitude of pickpockets.

GET OUT OF JAIL FREE

If all else failed a fugitive from justice could always seek sanctuary a stone's throw from London's Newgate Prison. In 1056, in the reign of Edward the Confessor, two of the king's cousins founded the College of St Martin-Le-Grand. From 1439 it offered sanctuary to criminals, though traitors were turned away. Well-informed criminals continued to take advantage of this opportunity to escape the axe, the noose or worse until the arrangement came to an end in 1697.

THE LAST WITCH

The last person to be prosecuted under the Witchcraft Act was Helen Duncan who, in 1944, claimed to commune with the spirit of a sailor who had died on the HMS Barham in 1941, the loss of which had not been made public. An intelligence officer feared that she would reveal the plans for the D-Day invasion so she was arrested during a seance and jailed for nine months.

To order a copy of The Little Book Of Crime And Punishment by Stephen Halliday (published by History Press at £9.99) please call the Express Bookshop on 01872 562 310 or send a cheque or postal order payable to The Express Bookshop to Express Bookshop, PO Box 200, Falmouth, Cornwall TR11 4WJ or order online by visiting expressbookshop.com UK delivery is free.